Appeal coming Up

[Ilrang2]

Hi,

I have hearing date coming up in November.
I would like to assess my situation and a chance of winning the case. I applied to ILR after 10 years residency in UK last June 2016. My application was refused due to the number of days out of UK. I have approximately 800 days out of UK. HO gave me the right to appeal so I lodged the case. Due to the job, I left UK after lodging the appeal. At the time, I had visa valid till end of September 2016. I could not return to UK before the visa was expired. Meanwhile I asked my lawyer if I was supposed to be in UK or not but he only said that he was looking into this. Anyway, I came back a few times for various reasons as a visitor. (I am South Korean do not need visa to come in)

Couple of months ago, I was advised that I was not supposed to leave the country till the hearing date. Someone advised that I was supposed to stay in the country to make up the days missing till the hearing. So I panicked but again advised from other that my absence will not impact the appeal since the section 104(4) which stated that if the appellent leaves the country then the case is considered to be abandoned was omitted in the immigration act 2014. Since I received the notice of hearing scheduled in 3rd November, I assume that my case is still valid. My lawyer emailed me saying that he can no longer represent me.

So I would need to find out someone else to do so. however, my friend advised that I should assess the situation to see if there is a chance to win as if there is no chance for me to win then it would make no sense to go ahead with the appeal. Since I have not been in the country after the filing the appeal, even if it should not impact on the appeal, would this still be problem at the hearing? Was I supposed to make up the date out of UK by staying in UK after the filling the case? in 2014, I also have a gap between visas which is over 6 months. I assume this will a problem too. I really hope to have proper advices before wasting any more money and time!!

Many Many thanks in Advance!!
Han

[CR001]

Please continue in your existing topic.

indefinite-leave-to-remain/hearing-date ... 34265.html